Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica

Although numerous social changes taking place during socio-historical development have directly affected family life as a whole, many customs have been maintained and developed into socially acceptable rules of behaviour. In light of such considerations, the main research focus of this paper will be...

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Main Author: Marjanović Milica M.
Format: Article
Language:English
Published: Serbian Sociological Association, Belgrade 2024-01-01
Series:Sociološki Pregled
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2024/0085-63202404114M.pdf
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author Marjanović Milica M.
author_facet Marjanović Milica M.
author_sort Marjanović Milica M.
collection DOAJ
description Although numerous social changes taking place during socio-historical development have directly affected family life as a whole, many customs have been maintained and developed into socially acceptable rules of behaviour. In light of such considerations, the main research focus of this paper will be centred on the prism of family relations in the probate proceedings regarding male and female successors, most often siblings. The Law on Inheritance of the Republic of Serbia does not distinguish between male and female successors, that is, the testator's children who constitute the heirs of the first line of succession; on the other hand, customary law in the tradition of Serbian society dictates that female heirs renounce the inheritance of deceased parents and that the entire property is inherited by the male heir - brother. The successor statement of renunciation of family inheritance is irrevocable. Gender stereotypes are shaped under the strong pressure of social customs and norms, while the main hypothesis of the paper is that tradition and customary law are still stronger than the law, as evidenced by the data from the register of case law. The paper will present the court data from the probate proceedings conducted in the territory of the municipality of Kosovska Mitrovica during 2013 and 2014, confirming the hypothesis that sisters continue to renounce their part of inheritance in favour of brothers, while the reverse situation has been recorded in only 10 cases out of a total of 135 probate proceedings decisions.
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spelling doaj-art-fb9605166bc745868459758a4649f5832025-02-05T13:24:56ZengSerbian Sociological Association, BelgradeSociološki Pregled0085-63202560-48802024-01-015841114114310.5937/socpreg58-550800085-63202404114MTraditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska MitrovicaMarjanović Milica M.0https://orcid.org/0000-0002-1153-8514Univerzitet u Prištini sa privremenim sedištem u Kosovskoj Mitrovici, Filozofski fakultet, Katedra za sociologiju, Kosovska Mitrovica, SerbiaAlthough numerous social changes taking place during socio-historical development have directly affected family life as a whole, many customs have been maintained and developed into socially acceptable rules of behaviour. In light of such considerations, the main research focus of this paper will be centred on the prism of family relations in the probate proceedings regarding male and female successors, most often siblings. The Law on Inheritance of the Republic of Serbia does not distinguish between male and female successors, that is, the testator's children who constitute the heirs of the first line of succession; on the other hand, customary law in the tradition of Serbian society dictates that female heirs renounce the inheritance of deceased parents and that the entire property is inherited by the male heir - brother. The successor statement of renunciation of family inheritance is irrevocable. Gender stereotypes are shaped under the strong pressure of social customs and norms, while the main hypothesis of the paper is that tradition and customary law are still stronger than the law, as evidenced by the data from the register of case law. The paper will present the court data from the probate proceedings conducted in the territory of the municipality of Kosovska Mitrovica during 2013 and 2014, confirming the hypothesis that sisters continue to renounce their part of inheritance in favour of brothers, while the reverse situation has been recorded in only 10 cases out of a total of 135 probate proceedings decisions.https://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2024/0085-63202404114M.pdfidentityfamilytraditionalismtraditioncustomary lawlaw on inheritancekosovska mitrovica
spellingShingle Marjanović Milica M.
Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
Sociološki Pregled
identity
family
traditionalism
tradition
customary law
law on inheritance
kosovska mitrovica
title Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
title_full Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
title_fullStr Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
title_full_unstemmed Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
title_short Traditionalist identity pattern in inheritance among Serbs in the North of Kosovo and Metohija: The case of the city of Kosovska Mitrovica
title_sort traditionalist identity pattern in inheritance among serbs in the north of kosovo and metohija the case of the city of kosovska mitrovica
topic identity
family
traditionalism
tradition
customary law
law on inheritance
kosovska mitrovica
url https://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2024/0085-63202404114M.pdf
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